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- Cases of sexual violence, including rape, fall within the larger realm of domestic violence
- Marital rape is yet to be categorized as a criminal offence in India
- According to the central government, criminalizing marital rape “may destabilize the institution of marriage”
New Delhi, September 2, 2017 : Baby works as a domestic help; she says she cannot recall her age when her parents married her off to a man who was much older to her; a man she barely knew. She didn’t anticipate her husband would demand to have intercourse on their wedding night. She was still young and not ready, but that didn’t stop him. Baby was raped by her husband on her wedding night. But marital rape means nothing to her.
Sunita irons clothes for a living. She says has been married for more years than she can remember. The duo has four kids together, but that doesn’t stop her husband from raising a hand or two on her, every once in a while. Every night, her husband would get drunk, hit her and forcefully demand to have sex, paying no heed to her resistance. Sunita has three daughters, and a son, and the husband still wants to have progenies. “I told my mother that this man has raped me multiple times. She protested, arguing that he is ‘your husband’ after all,” she said.
But did she never decide to approach the authorities?
To this, Sunita promptly replied, “I once had a sore eye after he (the husband) hit me with his shoe when I refused to have sex. I went to the local hospital and then the police. I narrated the entire scene; they were very considerate, offered me water and then asked me to go home and ‘adjust’.”
Sunita is unaware of a term called ‘marital rape’.
This is the reality of a huge part of the society in real India.
Like Baby and Sunita, women who suffer such indignities are often asked to “adjust” with perpetrators of violence because of a deep –embedded fear of what the society would say. This notion of an ‘ideal woman’ impedes women to object to illicit treatment meted out by their ‘better halves’.
The debate around the issue has become ripe once again with the Central Government stating that what “may appear to be marital rape” to a wife “may not appear so to others”. In an affidavit to the Delhi High Court, the central government took a stand against criminalizing marital rape saying that it “may destabilize the institution of marriage” and also become easy tool for harass the husbands and the in-laws.
— The Wire (@thewire_in) August 29, 2017
Rape v/s Marital Rape
Rape is defined in Section 375 of the Indian Penal Code, but with an irregularity: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”
While rape is addressed as perforation without a woman’s accord in its main clause, the only remedy to forced intercourse provided to ‘married’ woman is specified under Section 498-A of the IPC and the civil provisions of the Protection of Women from Domestiic Violence Act.
Following the horrific 2012 Nirbhaya rape case that brought the entire world to a standstill, the Indian media has given paramount coverage to instances of rape across the country. But even after 5 years of the gut-wrenching incident, there seems no end to this crime.
Cases of sexual violence, including rape, fall within the larger realm of domestic violence. However, rape by husbands within holy matrimony continues to remain an obscure subject in India and the exact number of cases is hard to gauge.
According to a 2015 report by National Crime Record Bureau (NCRB) tracing the proximity of offenders to the victims of sexual violence, it was revealed that in 95 per cent of all rapes, the offenders were familiar to the survivors. These, presumably include acquaintances, friends, relatives and colleagues.
And what about rape committed by husbands?
In light of the debate over marital rape, a reminder: if you actually ask women, almost all the sexual violence they face is from husbands pic.twitter.com/BRVXk0cbbJ
— Rukmini S (@Rukmini) August 30, 2017
These cases continue to be an under-reported crime in India. This can be attributed to two major reasons,
- Because of the stigma associated with it
- Because of the presence of a defunct justice system
Furthermore, more often than not, these cases go missing because of several additional (and unnecessary) barriers stemming from a combination of familial and/or social power structures, shame and dependency.
Marital Rape In India
While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India.
A United Nations’ report titled ‘Why do some men use violence against women and how can we prevent it?’ published in 2013 disclosed that nearly a quarter of 10,000 men in Asia-Pacific region, including India, admitted to have indulged in the rape of a female partner. The report traced their rationale to a deep-embedded belief that they are entitled to sex despite the consent of their partners.
The study also revealed that the majority of these instances were not reported and the perpetrators faced no legal consequences.
Why criminalising Marital Rape is important. pic.twitter.com/8xeLpzAsCL
— Hasiba (@HasibaAmin) August 29, 2017
In 2014, United Nations Population Fund (UNFPA), in association with International Centre for Research on Women (ICRW) brought out a report titled ‘Masculinity, Intimate Partner Violence and Son Preference in India’. Among other things, the report analyzed the average Indian male’s understanding and interpretation of the idea of ‘masculinity’ and how that molds their interactions with women.
Not surprisingly, the study revealed that a typical man in the Indian society associated the attributes ‘tough’, and ‘controlling’ with masculinity.
Segments of the present day Indian society continue to look at men as tough forces, who can (must) freely exercise their privilege to establish rule in personal relationships and above all, continue to control women.
Additionally, the study also revealed that 60 per cent of the Indian men disclosed the use of physical violence to establish authority.
In India, stiff patriarchal norms continue to tilt the gender balance firmly in the favor of men, as a result of which, women are forced to internalize male dominance in their lives.
Marital Rape in India : A Legal Perspective
Section 375 essentially distinguishes between two categories of women
- Married women
- Unmarried women
Much to the Indian society’s disappointment, the Indian legal system denies protection from rape to the married woman. This creates discrimination as the women belonging to one section are denied justice merely by virtue of being married.
But can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman? Is it justified to discriminate a woman just because she is married to the man who has raped her?
The Debate Around Marital Rape In India
Despite the piquant situation, the issue raised furor when Minister of State for Home, Haribhai Parathibhai Chaudhary told the Parliament that the question of criminalizing marital rape in India has no relevance “as marriage is treated as sacred here.”
Does marriage being a sacrament provide one with the legal right to rape a woman?
South Asia director at Human Rights Watch Meenakshi Ganguly had retaliated saying that it is particularly concerning when a government that claims to secure the safety of women inside and outside national territory shamelessly turn to justify a crime in the name of culture and tradition.
India can learn something from its neighbours. Nepal has laws against marital rape, so does Bhutan
— Nidhi Razdan (@Nidhi) August 29, 2017
Group director of social and economic development at the International Centre for Research on Women (ICRW) Priya Nanda asserted in an interview with a leading portal that “the reason men don’t want to criminalize marital rape is because they don’t want to give a woman the power to say no.”
In 2013, a three-member commission headed by Justice J.S. Verma suggested remedial measures to combat sexual violence in India, following the 2012 Nirbhaya rape case. One of its recommendations was the criminalization of marital rape.
The recommendation was ignored by the government as a large amount of people questioned its efficiency saying if made a crime,
- It might be misused by people
- It will be difficult to prove
- It might break up marriages
But, how fair is it to not have a law against marital rape, only because of the reason that it is ‘difficult to prove’?
In a broader understanding, it needs to be understood that the criminalization of marital rape must not be viewed as a step against men or the institution of matrimony, but as an attempt to demolish the patriarchal system that continues to clutch the Indian society.
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"In India, to be born as a man is a crime, to question a woman is an atrocious crime, and this all because of those women who keep suppressing men in the name of feminism."
Feminism, a worldwide movement that started to establish, define and defend equal rights for women in all sections- economically, politically, and socially. India, being a patriarchal society gives a gender advantage to the men in the society thus, Indian feminists sought to fight against the culture-specific issue for women in India. Feminism itself is nothing but a simple movement that pursues equal rights for women (including transwomen) and against misogyny both external and internal. It states nowhere that women should get more wages than men, that women deserve more respect than men, that's pseudo-feminism.
Pseudo feminists state that women deserve more respect and rights, any other gender deserves no respect. They feel that women should be the ones ruling the world and at higher positions. When feminism takes a turn for extremities it becomes pseudo-feminism and people who label themselves as feminists will bash anyone who speaks against even the wrongdoings of a woman. They'll bash women who're wife and sisters for not speaking up and support any women criticizing political leaders even if it's completely irrational. This is where hypocrisy and pseudo-feminism merge with each other.
They take advantage of the rights given to women to protect themselves to threaten other genders. The rights given to women are supposed to make them feel reassured that they can reach out to the judiciary if their rights are being hampered not to threaten to make the victim sound like the culprit.
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Indian Feminist Movement has made significant progress however, even in the modern world women are still unsafe and are discriminated against when it comes to getting a job, land ownership, and access to education. While filling the official papers it is still asked "Wife of /Daughter of:….."
People in India still continue the practice of sex-selective abortion, abandoning the girl child, not letting girl child study instead they should learn household chores, they are seen as a burden to the family. Such injustices make feminism such an important movement, gender equality is worth fighting for to create a safe environment for women. Feminists over the years have been criticized for focusing on the rights of privileged women and not giving equal representation to poorer and lower caste women, which has led to separate caste-specific feminist organizations and movements.
Some notable milestones in the Feminist Movement
- Raja Ram Mohan Roy campaigned against Sati Pratha (practice in which a widow sacrificed herself by sitting atop her deceased husband's funeral pyre) and child marriage
- Savitribai Phule started the first school for girls at Bhidewada in Pune city in 1848.
- In 1972, SEWA, the biggest trade union for women was set up by Ela Bhatt for women working in the informal sector.
- The Chipko Movement was launched and led by women in 1973.
- #MeToo movement against sexual harassment and abuse was started in 2006 and revived in the year 2015.
People in India still continue the practice of sex-selective abortion, abandoning the girl child, not letting girl child study instead they should learn household chores, they are seen as a burden to the family.Unsplash
Feminism is often misunderstood as pseudo-feminism and hence, becomes the target for public hatred and is accused of wronging other genders under the façade of feminism. It is misunderstood by Indians as female domination instead of gender equality. Indian society and Indian feminists believe that only men are perpetrators of a heinous crime like rape and they refuse to even recognize the men who say they were raped and it's the toxic masculinity in the society that believes how can a woman rape a man? Reality is different from what we believe, women can be the perpetrator too, women threaten to file a case of domestic violence, or sexual assault against innocent people just to fulfill their ego.
Thankfully feminism and pseudo feminism are two separate concepts and feminism is just about equality and not judgment. Indian society and feminists actually need to understand the difference between the two and stop tarnishing the Feminist Movement as a whole.
Keywords: Feminism, World, India, Pseudo-Feminism, Gender
Kerala is a land of many good things. It has an abundance of nature, culture, art, and food. It is also a place of legend and myth, and is known for its popular folklore, the legend of Yakshi. This is not a popular tale outside the state, but it is common knowledge for travellers, especially those who fare through forests at night.
The legend of the yakshi is believed to be India's equivalent of the Romanian Dracula, except of course, the Yakshi is a female. Many Malayalis believe that the Yakshi wears a white saree and had long hair. She has a particular fragrance, which is believed to be the fragrance of the Indian devil-tree flowers. She seduces travellers with her beauty, and kills them brutally.
Yakshi idol in Veroor, Sri Dharamashastha temple Image source: wikimedia commons
The Yakshi is believed to live in a palm tree which can appear like a palace. Victims are taken here before they are killed. Travellers on highways are often advised not to stop near heavily forested areas, or speak to anyone who closely resembles a Yakshi. Some believe she can change form, while other hold to the belief that she doesn't. after securing her victim, the only trace left behind is body parts like hair, nails, and teeth.
They say, like other ghosts, a Yakshi's feet will not touch the ground. This is something to look out for. Mysterious deaths have been reported across the rural areas in Kerala, and all these have been attributed to the legend.
Keywords: Legends, Yakshi, Urban legend, Ghost, Kerala, Myth, Vampire
The LGBTQ+ acronym stands for Lesbian, Gay, Bisexual, Transgender, Queer, and others. In India LGBTQ+ community also include a specific social group, part religious cult, and part caste: the Hijras. They are culturally defined either as "neither men nor women" or as men who become women by adopting women's dress and behavior. Section 377 of the India Penal code that criminalized all sexual acts "against the order of nature" i.e. engaging in oral sex or anal sex along with other homosexual activities were against the law, ripping homosexual people off of their basic human rights. Thus, the Indian Supreme Court ruled a portion of Section 377 unconstitutional on 6th September 2018.
But the question is, "was India always against homosexuality"? Has the concept of homosexuality being unnatural existed forever? No, in Indian history and Hinduism homosexuality has never been an offense, in fact in several instances it has been depicted how people embraced their identity, be it sexual identity or gender identity. Section 377 was brought to India by the British in 1862, while India was colonized. Even after the Independence, it was only in 2018 that the Supreme Court ruled it as irrational and illogical.
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Homosexuality in Ancient India
When Supreme Court decriminalized homosexuality in India, there was an uproar about it being a western ideology and liberalism. But in reality, homosexuality has existed since the time of the Vedas. The Gay and Lesbian Vaishnava Association (GALVA) researched and discovered that it was around 3102 B.C. (during the Vedic Age) that homosexuality or non-normative sexual identity was recognized as "Tritiya Prakriti", or the third nature. Ancient India not only made mentions of homosexuality but accepted it as well.
Hinduism is the most vastly followed religion in India. Hinduism does not explicitly mention homosexuality however it does contain a homosexual theme and characters in its text. There have been various instances in our scriptures and texts that have introduced us to LGBT+ characters such as the androgynous form of Shiva and Parvati Ardhanariswara meaning "the half-female lord". One of the most popular and ancient texts on sexuality, eroticism, and emotional fulfillment of life, "Kamasutra" has a complete chapter dedicated to homosexuality and homosexual sex. Numerous Hindu sculptures and temples have statues depicting homosexual activities.
Numerous Hindu sculptures and temples have statues depicting homosexual activities. Facebook
Our Mughals were Queer
Mughals are often seen under the light of cruelty, rigid ethics, nobility, and polygamy. Simultaneously, Mughals are also the ones credited for the emergence of Sufism, abolished jizya tax, love beyond religion, classes, and gender.
In the Baburnama written in memoirs of our very first Mughal ruler Muhammad Babur, several instances documented Babur's infatuation and affection towards a teenage boy named Baburi. We also have multiple Persian couplets as evidence of Babur's affection for Baburi. Mughals engaged in homosexuality and pederasty, and they believed that later was a form of "pure love".
But as time passed homosexuality was suppressed more and more though people practiced it in secret if revealed they were punished. According to the Fatwa-e-Alamgiri Sharia-based text of the Mughal Empire, there is a common set of punishments for homosexuality, which could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim.
British Raj and Independence of India
In 1862, Section 377 of the Indian Penal Code that criminalized homosexual sex came into force. Even after Independence in 1947, the section remained a part of the Indian Constitution. There were protests all over the country to give people of the LGBT+ community basic human rights but it was not until 2018 that The Supreme Court of India ruled the portion of Section 377 has unconstitutional and struck it off. One judge said the landmark decision would "pave the way for a better future.". With Section 377 gone are LGBT+ people allowed to fall in love freely? No, people are still afraid to love because of the stigma in our society when it comes to homosexuality; they are seen as lesser humans.
ALSO READ: Significant Support for Rights for LGBTQ+
Although the Supreme Court has decriminalized homosexual activities, same-sex marriage remains illegal in the country. Homophobia is still prevalent in India, and homosexual children would rather commit suicide than come out to society with their true identity, that's how harsh of a world we live in. Lacking support from family, society, or police, many gay rape victims do not report the crimes. In 1977, writer and Indian mathematician Shakuntla Devi published "The World of Homosexuals". It was the first study in the Indian context; the book contains interviews with homosexual men set in the years of Emergency. She wrote, "rather than pretending that homosexuals don't exist it is time we face the facts squarely in the eye and find room for homosexual people." We've had small victories in our fight against homophobia and getting LGBT+ community the rights they deserve as humans, but we still have a long and exhausting fight ahead of us.